Trafficking in Narcotics—South Florida

32 South Florida residents have been indicted on drug-related charges.^[1] The “major” heroin smuggling and distribution ring operated in Palm Beach, Broward, and Miami-Dade counties, and all but two of the individuals have been arrested.^[2]

The indictments in Palm Beach were grouped into three separate cases. In each case, each defendant was charged with conspiracy with intent to distribute at least 1 kilogram of heroin, while a smaller subset of defendants was charged with the conspiracy as well as actual possession with intent to distribute heroin.

Possession with intent to distribute this amount of heroin can be punished with a fine of up to $4,000,000, imprisoned for up to 10 years or both.^[3] As we have pointed out before, conspiracy to violate the drug-trafficking laws can be punished in the same way as an actual commission of the offense.^[4]

We have talked a lot about conspiracies in the past, and we have noted that some cases charge the defendant with conspiracy under 18 U.S.C. § 371, which is the general conspiracy statute. However, according to the US Attorney’s Manual [hereinafter USAM], “the general conspiracy statute … may not be used to charge a conspiracy involving [drug crimes].”^[5] According to the Principles of Federal Prosecution, “once the decision to prosecute has been made, the attorney for the government should charge, or should recommend that the grand jury charge, the most serious offense that is consistent with the nature of the defendant's conduct, and that is likely to result in a sustainable conviction.”^[6]

The investigation focused on the middle and upper levels of the organization, which is a slight departure from the typical way an investigation operates. As we have discussed the past couple of days, typically the lower levels are targeted in order to secure testimony against the heads of the organization. This could signal that federal statements made after the Supreme Court’s decision in Gonzales v. Raich^[7] could be accurate. When the Supreme Court ruled that the federal government could criminalize medicinal marijuana even when individual States had legalized it, some States’ Attorneys General, such as Alaska’s David Marquez, warned “that any possession, distribution or use of dope remains a crime under U.S. law.”^[8] While this is technically accurate,^[9] “[f]ederal law enforcement authorities in Alaska said [in June] that the [C]ourt’s ruling would not lead to increased prosecution of minor users; they’re interested in major traffickers.”^[10] In short, according to FBI Special Agent Eric Gonzalez, Mr. Marquez’s fears notwithstanding, nothing will change.^[11]

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[1] Chrystian Tejedor, Federal Jury Indicts 32 in Heroin Ring, South Florida Sun-Sentinel, Dec. 22, 2005.
[2] Id.
[3] 21 U.S.C. § 841(b)(1)(A)(i).
[4] Id. § 846.
[5] USAM, Attempt and Conspiracy – 21 U.S.C. § 846; 963, 9-100.020 (Mar. 2001) (citing USAM, Principles of Federal Prosecution; Selecting Charges – Charging Most Serious Offense, 9-27.300 (August 2002) [hereinafter Principles]).
[6] Principles, supra note 5.
[7] 352 F.3d 1222 (2005).
[8] Peter Porco, Medicinal Use of Pot Can Continue, Anchorage Daily News, Jul. 22, 2005.
[9] See, e.g., 21 U.S.C. § 844 (providing penalties for “simple possession” of a controlled substance).
[10] Porco, supra note 4.
[11] Id.